letters of administration

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will. Traditionally, letters of administration granted to a representative of a testator's estate are called "letters of administration with the will annexed" or "letters of administration cum testamento annexo" or "c.t.a.".
Essentially, this document is issued to the person who will administer the estate of someone who dies without a will. As outlined by the Cornell Legal Information Institute, "The letters authorize the administrator to settle the deceased person's estate according to the state's intestate succession laws. Banks, brokerages, and government agencies often require a certified copy of the letters before accepting the administrator's authority to collect the deceased person's assets." If a deceased has a surviving spouse, this individual will have priority in receiving a letter of administration over others, including children; age alone does not render an individual ineligible to serve as a fiduciary.

View More On Wikipedia.org
  1. A

    NSW How to Contest Deceased Estate from Being Distributed?

    Hi, I would like to know how I can stop the shares which are only assets from a deceased estate from being distributed. No letters of administration have been lodged yet and I thought I would be able to fill in the caveat form to prevent the shares from being sold but as shares aren't property...
  2. V

    QLD Forms for Letter of Administration for Intestacy?

    What forms are required for the letters of administration intestacy? No spouse, no children, only the parents are alive...
  3. J

    WA Letter of Administration - Can We Speed Up the Process?

    2 years ago, my mother passed away without leaving a will. My eldest sister applied to the courts and was given Letters of Administration for the estate. To this day, nothing has been done with the estate and none of the beneficiaries have been advised as to what is happening. Is there a time...
  4. S

    QLD Letter of Administration on Intestacy - List Individuals with Interest Towards Estate?

    I am in the process of completing Form 109 Affidavit supporting Letter of Administration on Intestacy and one of the questions is: the following persons are known to have the following beneficial interests under the Succession Act 1981, sections 35 to 37 On reviewing these sections of the Act...
  5. petermark

    VIC Difference Between Probate and Letter of Administration?

    What is the difference between a Probate and Letter of Administration? There are 3 cases. Probate Letters of administration with the will annexed Letters of administration I was told Probate is related with a will, Letters of Administration is not related with a will, but the second case is...
  6. C

    NSW Issues with Dad's Deceased Estate and Will?

    Our Dad was murdered last year. At the time of his death, he was separated for almost 12 months from his wife (not our mother). He was in a new relationship and his will couldn't be found. Dad told me he had a will but didn't mention which solicitor was holding it and he said after the...
  7. K

    QLD Where to File Letters of Administration?

    My mum died intestate. Her bank account was not attended to and now is held by ASIC. The bank requires a grant of Letters of Administration to authorise the release of the money. The account monetary worth does not cover having legal professionals attend to it. I have looked into the...
  8. Darkitect

    WA Parents Passed Away - Deceased Estate Queries

    Hi and thanks in advance for your help... Sadly, last month both my parents passed away within a fortnight of each other. Myself (A) and my two siblings (B) & (C) are left to clean up the biggest clusterfu*# of a deceased estate ...or not... The Sad Facts: - The deceased estate includes...
  9. A

    VIC Father has No Will - Letter of Administration and ATO Help?

    Hello, my father passed away in May of this year; there was no will left. He is with AMP Superleader and he has a death benefit of around 40k. I don't know the amount of his superannuation; he told me once it wasn't much,and he doesn't own property. Anyway I cannot access his...
  10. L

    NSW Deceased Estate - Free Legal Advice re Intestacy?

    Hello, My Grandmother passed away late last year without leaving a will. My father passed away prior to my Grandmother. My uncle is the only child of my Grandmother that is still alive. My siblings and I have contacted my uncle on a number of occasions to understand what he has done regarding my...